What are the time extensions available in inter partes reexamination proceedings?

Time extensions in inter partes reexamination proceedings are limited and strictly regulated. The MPEP states:

Extensions of time under 37 CFR 1.136(a) will not be permitted in inter partes reexamination proceedings because the provisions of 37 CFR 1.136 apply only to “an applicant” and not to parties in a reexamination proceeding.

Key points about time extensions in these proceedings include:

• Patent owner extensions are provided for in 37 CFR 1.956
• Third-party requester comments have a fixed 30-day period set by statute (35 U.S.C. 314(b)(3))
• The proceedings must be conducted with “special dispatch” as required by 35 U.S.C. 314(c)

It’s important to note that the usual extension provisions for patent applications do not apply to reexamination proceedings.

To learn more:

• inter partes reexamination
• time extensions
• patent owner
• third-party requester
• special dispatch